The Allahabad High Court has ruled that an accused who is absconding despite the issuance of a proclamation notice under Section 82 of the Code of Criminal Procedure (CrPC) is not entitled to anticipatory bail.
Justice Gautam Chaudhary made this observation while rejecting the anticipatory bail plea of Kanpur Nagar Parishad member Pradeep Mishra, who is facing allegations of involvement in a land fraud case. The court, however, clarified that it was not expressing any opinion on the merits of the case itself.
According to the FIR lodged at Kanpur Nagar Kotwali, Mishra is accused of forging signatures related to the registration of property using fake documents and verifying a false report allegedly prepared by a Lekhpal.
During the hearing, Mishra’s counsel argued that his client had no active role in the crime and had merely verified the signatures of his cousins, Vipin Mishra and Amit Singh. He insisted that there was no evidence linking Mishra directly to the alleged fraud and assured that the accused would cooperate with the investigation.
The complainant’s lawyer, however, strongly opposed the plea. Citing a Supreme Court precedent, the counsel submitted that Mishra was absconding and even attachment proceedings had been initiated against him. In such circumstances, he argued, the accused could not claim the right to anticipatory bail.
Agreeing with the complainant’s contention, the High Court noted that the law does not extend the protection of anticipatory bail to persons evading the legal process after proclamation under Section 82 CrPC. Accordingly, the anticipatory bail plea was rejected.
The ruling reiterates the principle that an accused who refuses to submit to lawful proceedings cannot seek relief from the court while continuing to remain in hiding.
